HomeMy WebLinkAboutHARMONY SCHOOL SHOPS FOURTH LOT 8 - Filed OA-OTHER AGREEMENTS - 2007-11-26DECLARATION OF JOINT ACCESS EASEMENT
THIS DECLARATION is made on the date hereinafter set forth
by HARMONY EXECUTIVE PARK LLC, a Colorado Limited Liability
Company ("Executive Park") and AVG HARMONY, LLC, a Delaware
Limited Liability Company ("AVG"). Executive and AVG are
sometimes hereinafter referred to jointly as "Declarants."
RECITALS
A. Executive Park is the owner of that certain parcel of
real property (hereinafter referred to as the "Executive Park
Property") situate in the City of Fort Collins, County of
Larimer, State of Colorado, legally described as set forth on
Exhibit "A" attached hereto and incorporated herein by this
reference.
B. AVG is the owner of that certain parcel of real
property (hereinafter referred to as the "AVG Property") situate
in the City of Fort Collins, County of Larimer, State of
Colorado, legally described as set forth on Exhibit "B" attached
hereto and incorporated herein by this reference.
C. Declarants desire to establish a temporary non-
exclusive easement and right-of-way over and across that portion
of the Executive Park Property described on Exhibit "C" attached
hereto and incorporated herein by this reference (which easement
is hereinafter referred to as the Temporary Easement"), and to
establish a perpetual, reciprocal non-exclusive easement and
right-of-way over and across that portion of the Executive Park
Property described on Exhibit "E" attached hereto and
incorporated herein by this reference (which easement is
hereinafter referred to as the "East Easement"), and to establish
a perpetual, reciprocal non-exclusive easement and right-of-way
over and across that portion of the AVG Property described on
Exhibit "D" attached hereto and incorporated herein by this
reference (which easement is hereinafter referred to as the "West
Easement"). The East Easement and the West Easement are sometimes
hereinafter referred to collectively as the "Access Easement."
IN WITNESS WHEREOF, the parties hereto have executed this
Declaration of Joint Access Easement as of the day and year first
above written.
HARMONY EXECUTIVE PARK LLC,
a Colorado Limited Liability Company
B .
Campa , Man ager
AVG HARMONY, LLC,
a Delaware Limited Liability Company
By: 1� �L��J�t -
rrance L. an an Jr.,
Agent for Owner
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
a3
The foregoing instrument was acknowledged before me this - day of O ctj�,2006, by Gino Campana as Manager of
HARMONY EXECUTIVE PARK LLC, a Colorado Limited Liability Company.
WITNESS my hand and official seal.
My commission expires: ��ant"a� �3
Notary Vblic
41
�OF COL
(HFSM 10/16/06) 10
STATE OF Odpra )
ss.
COUNTY OF �irtinQlln/ )
The foregoing instrument was acknowledged before me this
day of mien, 2006, by Terrance L. Fangman, Jr. as
Agent for Owner of AVG HARMONY LLC, a Delaware LimitedLiability
Company.
WITNESS my hand and official seal.
My commission expires:
GENERAL NOTARY • State of Nehraska
JESSICA COOPER
MY Comm Esn ien.31,�OC� jNoty Public
11
(HE&M 10/16/06)
RATIFICATION
(Lender - Executive Park Property)
The undersigned, having a security interest in or lien upon
all or any part of the real property described on Exhibit "A"
attached hereto and incorporated herein by reference, hereby
approves, ratifies, confirms, and consents to the foregoing
Declaration of Joint Access Easement.
IN WITNESS WHEREOF, the undersi ned has caused its name to be
h re nto subscribed by its V10 this � day of
2006.
I p( �
i .v Title: I'llee—
STATE OF COLORADO )
COUNTY OF U � � ss.
The foregoing instrument was acknowledge be orb e this
day of (9C Dar 2 06, by �� ((iQ�,� , tJ�ICV�� as
l L of �lQ, iADiUIg1 a
!�
WITNESS my hand and official seal.
My commission expires:
Notary Public
(HF&M 10/16/06) 12
RATIFICATION
(Lender - AVG Property)
The undersigned, having a security interest in or lien upon
all or any part of the real property described on Exhibit "B"
attached hereto and incorporated herein by reference, hereby
approves, ratifies, confirms, and consents to the foregoing
Declaration of Joint Access Easement.
IN WITNESS WHEREOF, the undersigned has caused its name to be
this or1 day of
heIreunto subscribed by its nT 1
2006.
CON&VI.i. .aa' 4.v �.., MI--
STATE OF NEBRASKA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
a�AA day of & 2006, by 'A�as
Of T a
� ►. ._ � is �.�..� ' � .c_
WITNESS my hand and official seal.
My commission expires: q-?'-00
Notary ublic
GE=NOTARY-Statoaskajel 8
(HF&M 06/22/06) 12
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DECLARATION OF
JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A
COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG
HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG").
Legal Description of the Executive Park Property
A parcel of land located in the East 1-2 of the
Southwest '< of Section 32, Township 7 North, Range
68 West of the 6th Principal Meridian, City of
Fort Collins, County of Larimer, State of
Colorado, being more particularly described as
follows:
Considering the East line of the East '� of the
Southwest , of Section 32, Township 7 North, Range
68 West as bearing South 00°12'21" West with all
bearing contained herein relative thereto.
Commencing at the Northeast corner of the East 1-�
of the Southwest 1-4 of Section 32, Township 7
North, Range 68 West of the 6th Principal
Meridian, County of Larimer, State of Colorado;
Thence run South 00012'21" West along the East
line of the said East 1,� for a distance of 2,652.87
feet to the Southeast corner of said East '-�;
Thence leaving said East line run North 89027'04"
West along the South line of said East 1- for a
distance of 661.67 feet to the Point of Beginning;
Thence continue North 89°27.04" West along said
South line for a distance of 662.89 feet to the
Southwest corner of said East 1�;
Thence leaving said South line run North 00015'46"
East along the West line of said East '-� for a
distance of 30.78 feet to the North right of way
line of State Highway #68 (East Harmony Road);
Thence leaving said North right of way line
continue North 00015'46" East along said West line
for a distance of 265.87 feet;
Thence leaving said West line run North 89045116"
East for a distance of 691.37 feet;
Thence run South 00059'33" West for a distance of
14.19 feet to the beginning of a curve concave to
the East having a radius of 548.68 feet and a
chord bearing of South 04048'50" West;
Thence run Southerly along the arc of said curve
through a central angle of 7°38'34" for a distance
of 73.19 feet to the end of said curve;
Thence run South 09008'00" West for a distance of
89.73 feet to the beginning of a curve concave to
the East having a radius of 589.50 feet and a
chord bearing of South 05037'27" West;
Thence run Southerly along the arc of said curve
through a central angle of 7'01106" for a distance
of 72.21 feet to the end of said curve;
Thence run South 02°06154" West for a distance of
26.83 feet to the aforesaid North right of way
line;
Thence leaving said North right of way line
continue South 02006154" West for a distance of
31.69 feet to the Point of Beginning.
Together with a non-exclusive Limited Entry
Easement appurtenant to the above -described
property, as set forth in that certain Declaration
and Reciprocal Easement Agreement dated November
15, 2004, by and between ARC Communities 2, LLC
and Nominee Services, Inc. recorded December 27,
2004, at Reception No. 20040123056, County of
Larimer, State of Colorado.
EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE DECLARATION OF
JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A
COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG
HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG").
Legal Description of the AVG Property
Lots 1, 2, 3, 4, 5, 6, 7, B and 9, and Tract A,
Harmony School Shops 4tn Filing,
in the City of Fort Collins,
County of Larimer, State of Colorado.
EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE DECLARATION OF
JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A
COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG
HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG"). Legal
Description of the Temporary Easement
LEGAL DESCRIPTION
ACCESS EASEMENT
A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 32, TOWNSHIP 7 NORTH,
RANGE 68 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE EAST LINE OF LOT 6, HARMONY SCHOOL SHOPS
4TR FILING, IS ASSUMED TO BEAR N00° 12'57"E.
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, HARMONY SCHOOL SHOPS 4TH
FILING;
THENCE N 00012'57"E, ON THE EAST LINE OF SAID LOT 6, A DISTANCE OF 21 OA4 FEET TO
THE POINT OF BEGINNING;
THENCE NOO°12'57"E, ON THE EAST LINE OF LOT 4, HARMONY SCHOOL SHOPS 4' FILING, A
DISTANCE OF 34.00 FEET;
THENCE S89°26'19"E, A DISTANCE OF 678.14 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA
OF 54057'31" AND A RADIUS OF 14.00 FEET, A DISTANCE OF 13.43 FEET, THE CHORD OF SAID
CURVE BEARING N63004'38"E, WITH A LENGTH OF 12.92 FEET TO THE WEST RIGHT-OF-WAY
LINE OF SNOW MESA DRIVE, ANDA POINT OF CURVATURE;
THENCE ON SAID WEST RIGHT-OF-WAY LINE AND THE ARC OF A NON -TANGENT CURVE
TO THE LEFT, CURVE HAVING A DELTA OF 4-53'49" AND A RADIUS OF 548.68 FEET, A
DISTANCE OF 46.89 FEET, THE CHORD OF SAID CURVE BEARING SO4.58-51 "W, WITH A
LENGTH OF 46.88 FEET;
THENCE N87°28'05"W, A DISTANCE OF 5.17 FEET TO A POINT OF CURVATURE, THENCE ON
THE ARC OF A NON -TANGENT CURVE TO THE LEFT, CURVE HAVING A DELTA OF 96°31'32"
AND A RADIUS OF 5.93 FEET, A DISTANCE OF 9.99 FEET, THE CHORD OF SAID CURVE
BEARING N41°I0'14"W, WITH A LENGTH OF 8.85 FEET, TO A POINT OF TANGENCY;
THENCE N89026'19"W, A DISTANCE OF 674.74 FEET TO THE POINT OF BEGINNING.
CONTAINING AN OVERALL AREA OF 23,430 SQUARE FEET.
I, CHAD R. WASHBURN, A COLORADO LICENSED
HEREBY STATE THAT THE ABOVE LEGAL DESCRI
PREPARED UNDER MY RESPONSIBLE CHARGE
INFORMATION, AND BELIEF, ARE CORRECT. r
COLORADO PLS NO.37963
FOR AND ON THE BEHALF OF JR ENGINEERING LLC
2620 EAST PROSPECT ROAD, SUITE 190
FORT COLLINS, CO. 80525
LAND SURVEYOR, DO
kCHED EXHIBIT WERE
OF MY KNOWLEDGE,
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
9F THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
4ESPONSISILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH
INATTORNEY
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(HF&M 10/16/06) 16
EXHIBIT "D" ATTACHED TO AND MADE A PART OF THE DECLARATION OF
JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A
COLORADO LIMITED LIABILITY COMPANY ("EXECUTIVE PARK") AND AVG
HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG").
Legal Description of the West Easement
LINE TABLE
LINE
BEARING
LENGTH
L1
S60'09'01"W
7.42
L2
S87'36'42"W
9.72
L3
N89'26'19"W
7.30
L4
N89'26'19"W
18.06
L5
N0016'28"E
1.45
L6
S89'31'50"W
17.94
L7
N60'09'01"E
7.42
CURVE TABLE
CURVE
DELTA
RADIUS
LENGTH
CHORD
BEARING
C1
30'24'40"
30.00
15.92
15.74
S75'21'21"W
C2
27'0708"
70.00
33.05
32.74
S73'40'35"W
C3
55'33'29"
25.00
24.24
23.30
S6246'57"W
C4
23'02'54"
218.00
87.69
87.10
N11'44'18"E
C5
8'46'29"
447.71
68.56
68.50
N31-38.31"E
C6
27'03'08"
50.00
23.61
23.39
N7X4O'35"E
C7
30'24'40"
50.00
26.54
26.23
N75"21'21"E
IOTICE:
C-ORDING TO COLORADO LAN YD:. MUST CCIvME.4M ANY LEGAL ACTION RASFD LPDN ANY DEFECT IN THI5 SURVEY WITHIN TOREE YEARS
FTER YOU F:RST DISCOVER SUCH DE--ECT IN NO EVENT, MAY .ANY ACNON HMED U"CN ANY DEFEC' IN 1FI5 SURVEY 6E CCMMENCEO MORE
IAN ZN YEARS AFTER TI Z DATE CF TE CERTIFICATION 511D04 HEREON.
PUBLIC AND EMERGENCY
ACCESS EASEMENT EXHIBIT
JOB NO. 39347.00
9-20-D6
SHEET 1 OF 2
J•R ENGINF.FRIN(
R M"4�f.yp
'A'A Nt NnL Ieq B1v 81.Y1 Edµ O1 IY6
91i'Q-�A.j� RO M 9�.YwpymryeR
AGREEMENT
NOW, THEREFORE, for Ten Dollars ($10.00) and other valuable
consideration, the receipt and adequacy of which are hereby
confessed and acknowledged, Declarants do hereby create, declare,
dedicate and establish (i) a temporary, non-exclusive easement
on, over and across the Temporary Easement, and (ii) a perpetual,
reciprocal non-exclusive easement on, over and across the Access
Easement, for the purpose of providing joint and reciprocal
vehicular and pedestrian access to the Executive Park Property and
the AVG Property, subject to the terms and conditions set forth
below.
1. The owner of the Executive Park Property —and the owner
of the AVG Property shall have the right at any time and from time
to time to construct, install, maintain and repair a temporary
paved access driveway and appurtenant improvements over and upon
the Temporary Easement, and a permanent paved access driveway,
pedestrian trail and appurtenant improvements over and upon the
Access Easement. Prior to commencement of construction of any
such improvements, the constructing party shall have received the
written approval of the plans for such improvements from the other
party, which approval shall not be unreasonably withheld or
delayed, as well as final approval by the City of Fort Collins
("City") of the plans for such construction, and any building and
other permits required by the City. All work performed on any of
the driveway and appurtenant improvements shall be performed by
the constructing party in a good and workmanlike manner, and in
accordance with the approved plans and all applicable laws, rules,
orders and regulations of the City and other applicable
governmental authorities, if any. Upon completion of such
improvements, the party completing same shall notify the other
party in writing of the amount of the total costs incurred in
constructing such improvements (including with such notice copies
of all invoices or other documentation evidencing the costs
incurred for such work) and a lien release for work performed on
the Temporary Easement or the Access Easement, as applicable,
releasing any lien for services rendered and materials supplied on
the Access Easement or the Temporary Easement. With respect to
any temporary paved access driveway and appurtenant improvements
(which shall not be installed more than fifteen [15] days prior to
the anticipated issuance of the first certificate of occupancy for
building improvements constructed on the AVG Property following
the date hereof), AVG shall bear all cost of installation,
maintenance and removal (and restoration of the Executive Park
Property, if applicable). With respect to permanent improvements
constructed pursuant to the foregoing, the non -constructing party
(HF&M 10/16/06) 2
LEGAL DESCRIPTION
ACCESS EASEMENT
A TRACT OF LAND IN PORTIONS OF LOTS 4 THROUGH 8, HARMONY
SCHOOL SHOPS 4m FILING, LOCATED IN THE SOUTHWEST ONE -QUARTER
OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PM, CITY
OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE EASTERLY BOUNDARY OF HARMONY SCHOOL
SHOPS 4TH FILING, IS ASSUMED TO BEAR N00012'57"E.
COMMENCING AT THE SOUTHEAST CORNER OF SAID HARMONY SCHOOL
SHOPS 4TH FILING;
THENCE NW 12'57"E, ON SAID EASTERLY LINE, A DISTANCE OF 223.44 FEET
TO THE POINT OF BEGINNING;
THENCE N89°26' 19"W, A DISTANCE OF 166.75 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 30°2N40" AND A RADIUS OF 30.00 FEET, AN ARC
LENGTH OF 15.92 FEET, THE CHORD OF SAID CURVE BEARING S75°21'21"W,
WITH A DISTANCE OF 15.74 FEET, TO A POINT OF TANGENCY;
THENCE S6000VOI"W, A DISTANCE OF 7.42 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A DELTA OF 27°03'08" AND A RADIUS OF 70.00 FEET, AN ARC
LENGTH OF 33.05 FEET, THE CHORD OF SAID CURVE BEARING S73040'35"W,
WITH A DISTANCE OF 32.74 FEET, TO A POINT OF TANGENCY;
THENCE S87012'09"W, A DISTANCE OF 87.13 FEET;
THENCE N8M6' 19"W, A DISTANCE OF 97.10 FEET;
THENCE S8703642"W, A DISTANCE OF 9.72 FEET;
THENCE N8902619"W, A DISTANCE OF 7.30 FEET; TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 55033'29" AND A RADIUS OF 25.00 FEET, AN ARC
LENGTH OF 24.24 FEET, THE CHORD OF SAID CURVE BEARING S62°46'57"W,
WITH A DISTANCE OF 23.30 FEET, TO A POINT OF COMPOUND CURVATURE;
THENCE ON THE ARC OF A TANGENT COMPOUND CURVE TO THE LEFT,
SAID CURVE HAVING A DELTA OF 34°47'22" AND A RADIUS OF 182.00 FEET,
AN ARC LENG* OF 110.51 FEET, THE CHORD OF SAID CURVE BEARING
S17036'32"W, WITH A DISTANCE OF 108.82 FEET, TO A POINT OF TANGENCY;
THENCE S00° 12'� 1 "W, A DISTANCE OF 85.54 FEET TO THE NORTH RIGHT-OF-
WAY OF HARMONY ROAD; _
THENCE ON SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING THREE (3)
COURSES:
(HFSM 10/16/06) 20
1) THENCE N89°26' 19"W, A DISTANCE OF 18.06 FEET;
2) THENCE N00°16'28"E, A DISTANCE OF 1.45 FEET;
3) THENCE S89"31'50"W, A DISTANCE OF 17.94 FEET;
THENCE N00012'51"E, A DISTANCE OF 84.19 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A DELTA OF 23002'54" AND A RADIUS OF 218.00 FEET, AN ARC
LENGTH OF 87.69 FEET, THE CHORD OF SAID CURVE BEARING N11°44'18"E,
WITH A DISTANCE OF 87.10 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID
CURVE HAVING A DELTA OF 08W'29" AND A RADIUS OF 447.71 FEET, AN
ARC LENGTH OF 68.56 FEET, THE CHORD OF SAID CURVE BEARING
N31 °38'31 "E, WITH A DISTANCE OF 68.50 FEET TO A POINT OF NON -
TANGENCY;
THENCE S82018' 15'T, A DISTANCE OF 68.44 FEET;
THENCE S89026' 19"E, A DISTANCE OF 81.88 FEET;
THENCE N87012'09"E, A DISTANCE OF 86.54 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 27003'08" AND A RADIUS OF 50.00 FEET, AN ARC
LENGTH OF 23.61 FEET, THE CHORD OF SAID CURVE BEARING N73°40'35"E,
WITH A DISTANCE OF 23.39 FEET, TO A POINT OF TANGENCY;
THENCE N60°09'01 "E, A DISTANCE OF 7A2 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A DELTA OF 30024'40" AND A RADIUS OF 50.00 FEET, AN ARC
LENGTH OF 26.54 FEET, THE CHORD OF SAID CURVE BEARING N75.21'21 "E,
WITH A DISTANCE OF 26.23 FEET, TO A POINT OF TANGENCY;
THENCE S89°26'19"E, A DISTANCE OF 166.63 FEET, TO A POINT ON THE
EASTERLY LINE OF SAID HARMONY SCHOOL SHOPS a FILING;
THENCE S00° 12'57"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.00 FEET,
TO THE POINT OF BEGINNING;
CONTAD41NG AN OVERALL CALCULATED AREA OF 17,265 SQUARE FEET.
(HF&M 10/16/06) 21
I, CHAD R. WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE
STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION
AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE
AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE
CORRECT. __
CHAD R. WASHBURN, PROFESSIONAL LAND SURVE
COLORADO PLS NO.37963
FOR AND ON THE BEHALF OF JR ENGINEERING LLC
2620 EAST PROSPECT ROAD, SUITE 190
FORT COLLINS, CO. 80525
THISIZG a DESCRHWONDOESNOTCOAM7MTE A 7TTIE SEARCHBYJR ENGINEERNGTODE7EMOVE OWNERSHIP
OF7HIS MCTOR FERIFYEASEMENTS OF RECORD. JR ENCRV£ER/NGAND THE SURPEYOR OFRECORD ASSEAMNO
RESWMMHJTYFOR OWNERSN/PRIGH7S OR EXISTTNGRASENFNTRIGH7SAND RECOMMENW CONSULTA77ONWnE
ANATIORNEY.
(HF&M 10/16/06) 22
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EXHIBIT "E" ATTACHED TO AND MADE A PART OF THE DECLARATION OF
JOINT ACCESS EASEMENT BETWEEN HARMONY EXECUTIVE PARK LLC, A
COLORADO LIMITED LIABILITY COMPANY (-EXECUTIVE PARK") AND AVG
HARMONY, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AVG").
Legal Description of the East Easement
(HF&M 10/16/06) 24
Lk' GAF. LESCRIl"rlf 1T"
ACCESS EASEhTPNT
A PORTION OF TI M SOlMTWT.9T ONE -QUARTER OF SECTION 32, TOWNSI-IIP 7
NORTH. RANGE 68 W'ESIT OF 'flit: 6t1, PM, CF FY OF FORT C:OT.T.INS, COUNTY OF
L,kRIMER, STATE OF COLORADO, NMORE PARTICULARLY DESCF-M 'D AS rOL.7.0A'C:
BASLS OF SEARING: THE EAST LINE OF T TARMOWY SC-1 TOOT. SHOPS 4' FTT.Tw Cr, iS
ASSUMED TO SEAR NWJT57"S.
CCMI"IENCE AT TFTF SO11THF.d CT <:ORNF.R OF U7T 6, HARmo-NY SCHOOL �11UI�S 4'"
YILLNU,
1'HENC B N 00012'57-E, ON '1'L1E L'LST LANE OF SAID HARMONY SCHOOL SHOPS 47M
FILING.
A DISTANCE OF 218.40 FEET TO THE POINT OF BEGYND lXG;
'1'111:NCI1 N00-7 2'57' R OW SATT? EAST LI"iE, A DISTANCE OF 24.DD FEET;
THSNCB N89045'l6-E. A DISTANC. FL OF 9.17 FRET;
THENCE N88056'46"E, A DISTANCE OF 141_76 F'EEJ
T'HriMCr, N89045' 16"F., A DISTANCE OF 142.50 FEET;
"r'1IE.NCL N89049SI-Fh A DFSTANCF, OF 142.50 FEET;
TIIENCh N89"45'16"E, A 13L9'1'ANCE OF 88.25 FRf:T;
THENCE S88"57'52'E, A DISTANCE ON a9A]
THENCE S88054'33'E„ A DISTANCE OF 746.08 FEET, TO A MnT OF CURVATI:RR A? m
rf rr.. WPST RrC1FlT-Or-w Ali• OF SNOW MESA DRIVE;
TI IENCE CTV TITS ARC OF A NO\- TAN(TPh-F CURVE. TO THE LEFT, SAIn CL, ILVE
HAVINO A DELTA OF 5' 19'52" AND A RADII -5 OF 54 R." FF.T.T, A DISTANCE Of 51.05
k%k:;'1', 1HE CHORI.I OF SAID CURVE BEARNO S,04^4W20"w, WITH A LENOTH OF 51.03
17RPT, TO A POWT OP NON TANG&-4CY;
THENCE N64"56'47" W, A DISTANCE OF 42.84 FEET. TO A POINT OF CURVA L'U ICE;
THENCE: ON TIRE ARC. OF A TANGLN T CURVE, TO THE LEFT, SAID CURVE HAVNG A
DELTA OF 1528"08" ANL,%kU%D1L1S OF 100.00 IFF.FFr, A McCTANOP. OF27.00 FEET, THE
CHORD OF SAM CURVE BE-ARLVG N72"40'52" W, Wi'11 J A LEV<fI'1 I OF 2& 9'2. rnr-r- TO A
P40T\ T Or NON T-A GFNCY;
'1 IIENL'L x86079`28"W, A OTCTANCE OF 65.24 FEET;
THENCE. S89055*01"W, A DISTANCE OF 97.75 FT•.P.T;
THFNCS S89045'161R. A DISTANCE Of' 36.50 FEET:
1"11ENL`L S89 45'16"W, A r3T14TANCF. OF251.75 FEET;
IHENCE S3925-13... A DISTANCE OF 97_52 PORT;
TWT-'KTCr 588009'21"3i, A DISTANCE OF 51.31 FEE 1:
'1'IIEV C}• SR9043 16" W, A FITRTANCF OF 21.05 FEET; 97
" g i
CONTA KING AN OVERALL AREA OF 17,368 SQUARE TTiRT_ ' .r%
LLANO
(HF&M 10/16/06) 25
4 CHAD R 1\'ASHDURN. A COLOILA 0 LIMNSED P1tOk'C::S [OVAL. aND SURYh:YVIy uP HF.Kr:RY
S7ATT. THAT THF. ASOVF. I.FC•Af. T)F%rRIPTfO ' KM ATTACHED EXHIBIT WERE PREPARED LZiDER
NAY RE`PON918LE CHARGE. AND ON '1'H' �p KNOW'I.HUC.H, fNFCfR\IMLON. AND RTiT.[EP,
ARE CORRECT.
COLC0RAD0PLSN0.37963 -
FOR AND OT'THF.. RFHALF OF JR FNfiINRRMINC, I.I.0
2620E_AST PRDSPECI ROAD. SUITE 190
FORT C0111NS. CO. 80523
'1'llLS LhUAL. DESCIU1,1'1ON DOES NOT C_ONSMWTE A TIME SEARCH By 79
ENGIN£F.RD;G 10 DEIBRNM�:£ OW NTRSHIP OF THIS TRACT OR VERIFY EASENIENTS
OF RECORD. iR BNGLVEERWG AA-D THE SURVEYOR OF RECORD ASSU.NMS NO
RESPONSIBILITY FOR OW`NERSHW RIGHT9 C.3R rxrSTINCi fiASI:M E-NT RI CI( I'M AN 13
RRCOMMTiNT)R C ONy1 J1.TATION W ETI I AN ATTORNEY
(HF&M 10/16/06) 26
x ac»L. ¢af•1fi1xw0uwp'L•�1 G1�41xY%110.ix NS[sLcry, eaxu u��.'¢mxaz kxf:ex m. ��
[U76 I LOJ�
f/A.YMLiYY SOYLYX SHLPS fJf! NAMVOVY SYaYGYX 9YCp5 47N
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BASIS OF BEARINCS
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(HFSM 10/16/06) 27
shall reimburse the constructing party for the non -constructing
party's pro rata share of the actual cost of construction of such
improvements within thirty (30) days following receipt of notice,
invoices and lien waivers in accordance with the following: (i)
AVG shall bear the entire cost of construction of improvements on
and with respect to the West Easement; and (ii) Executive Park
shall bear 2/3 of the actual cost and AVG shall bear 1/3 of the
actual cost of construction of improvements upon and with respect
to the East Easement (AVG's share of such cost shall also be
deemed to include 1/3 of the actual cost of City -required
improvements to Snow Mesa Drive). Notwithstanding the foregoing,
AVG's share of such actual costs for permanent improvements shall
not exceed $150,000.00. Notwithstanding the foregoing, in the
event that Executive Park benefits from any contribution by the
City, in the form of paybacks, repays, cost reimbursements, cost
participations or other financial benefits, AVG shall share in the
benefit of such contributions in the same proportion in which it
has borne the actual cost of the improvements for which such
contribution is made.
Declarants agree that an owner performing any construction of
improvements contemplated by this Declaration shall have a
temporary non-exclusive construction easement (the "Construction
Easement") over and across those portions of the other owner's
property which are adjacent to the Access Easement or the
Temporary Easement as are reasonably necessary to permit the owner
performing the work to construct such improvements (the
"Construction Easement Area"). The use of the Construction
Easement Area by the owner constructing the driveway improvements
and its use of the Construction Easement shall not materially
interfere with the rights of the other owner relating to such
other owner's use and development of its property, and the two
owners hereby agree to cooperate in the scheduling and completion
of such work to minimize any inconvenience such work may cause.
Upon substantial completion of the driveway improvements,
including, but not limited to, the approval of such construction
by the City, if applicable, the owner performing such work shall
restore those portions of the Construction Easement Area which are
not part of the improved Access Easement or Temporary Easement to
substantially the same condition they were in on the date the
construction was started. This Construction Easement shall
terminate automatically and shall be of no further force and
effect upon the completion of the driveway improvements and the
final restoration of the Construction Easement Area.
(HF&M 10/16/06) 3
Neither the owner of the Executive Park Property nor the
owner of the AVG Property shall at any time install, construct,
maintain, operate or place any improvements or other obstructions
upon any portion of the Access Easement or the Temporary Easement
which would obstruct or interfere with the use of same by
Declarants or their respective successors and assigns.
2. Notwithstanding any other terms or conditions of this
Declaration to the contrary, the Temporary Easement shall become
null and void and cease to exist, and to the extent necessary be
deemed abandoned and vacated, upon the earlier of (i) completion
of construction of improvements over and upon the "East
Easement", or (ii) two (2) years from the date of this
Declaration. -=While it is- the -intent-of- --tom n
abandonment and vacation of the Temporary Easement shall be
self -effectuating, each of the parties agrees to execute such
further or additional documents as may be necessary to evidence
the abandonment and vacation of the Temporary Easement.
3. The easements hereby created and conveyed shall be for
the mutual benefit of Declarants, and their respective successors,
legal representatives, assigns, employees, tenants, subtenants,
licensees, guests, business invitees or any other person having an
interest in the Executive Park Property or the AVG Property,
respectively.
4. The owner of each property and each owner's respective
successors and assigns, shall secure and maintain general public
liability insurance, including insurance from claims against
personal injury, death or property damage occurring in, or on or
about the Access Easement or the Temporary Access of Easement, at
the sole cost and expense of such owner. Each owner granted an
easement herein ("Indemnifying Owner") shall indemnify, defend and
hold the other owner and its officers, directors, members,
managers, successors and assigns ("Protected Owner") harmless from
and against any and all claims, suits, demands, actions,
judgments, damages, liens, losses, costs and expenses, including,
without limitation, reasonable attorneys' fees and court costs,
suffered or incurred by the Protected Owner as a result of or in
connection with the use, improvement or maintenance of the
easements granted herein by the Indemnifying Owner and its
contractors, agents, employees, servants, customers, guests,
tenants, licensees or invitees, during the period of such
Indemnifying Owner's ownership of its property (it being the
intent of the parties that an Indemnifying Owner shall have
liability under this indemnification only with respect to events
occurring during such party's ownership of a property). The
(HFSM 10/16/06) 4
foregoing indemnity shall not apply to the extent that any such
claims, suits, demands, actions, judgments, liens, damages,
losses, costs or expenses are the result of the negligence or
intentional misconduct of the Protected Owner, its contractors,
agents, employees, servants, customers, guests, tenants, licensees
or invitees.
5. Until such time as certificates of occupancy have been
issued with respect to the improvements located on both the
Executive Park Property and the AVG Property, the owner of either
such property shall have the right to install improvements for the
purpose of use and enjoyment of the easements herein granted (as
set forth in paragraph 1, above), and the installing owner shall
ave t—"lump--a7rd oblgatront-= its strl eos�nd—@xper�se, tc
repair and maintain all improvements constructed and installed
within the Access Easement or Temporary Access Easement in such a
manner as is reasonably necessary and appropriate for the proper
use of vehicular and pedestrian ingress, egress and access within,
over and across the Access Easement or Temporary Access Easement.
Such repair and maintenance shall be completed in a commercially
reasonable manner as determined by that owner from time to time.
Such repair and maintenance shall include, but is not necessarily
limited to, the following: general maintenance, repairs,
replacements, resurfacing, repainting, repaving, restriping,
cleaning, sweeping, snow removal, directional signs and other
markers and bumpers, and provision for personnel or independent
contractors to implement the foregoing services.
Following the issuance of certificates of occupancy with
respect to improvements located on both the Executive Park
Property and the AVG Property, the owner of the Executive Park
Property shall thereafter repair and maintain the East Easement as
set forth above, but shall be entitled to reimbursement from the
owner of the AVG Property for 1/3 of the expenses for repairs,
improvements and other capital expenses incurred in providing such
services with respect to the East Easement (but excluding any
obligation on the part of the owner of the AVG Property to
reimburse any portion of the cost of routine day-to-day
maintenance of the East Easement). Such repair and maintenance
obligations, and the obligation to reimburse same, shall also
include similar repair and maintenance of any and all improvements
installed, used and/or maintained to provide access to or over
Snow Mesa Drive (including, without limitation, cost of
maintaining and repairing all City -required improvements to Such
Mesa Drive, to the extent not undertaken by the City)
reimbursement shall be due within thirty (30) days after issuance
of a notice of assessment of same from the owner of the Executive
(HF&M 10/16/06) 5
Park Property to the owner of the AVG Property. If the owner of
the AVG Property fails to pay any such assessment when due, the
owner of the AVG Property shall be liable to the owner of the
Executive Park Property for all unpaid assessments, plus interest
accruing thereon at the rate of eighteen percent (18%) per annum
until paid, together with costs of collection, including, without
limitation, reasonable attorneys' fees incurred, and the owner of
the Executive Park -Property shall have all other -remedies set
forth in this Declaration for the collection of such expenses from
the owner of the AVG Property.
If the owner of the Executive Park Property shall fail to
properly maintain the East Easement as hereinabove provided, the -
-ewne-r o-f—the-AVlG-Pr-ope�t-y—&ha-ll have _t-i-e--rig-ht,--but —not the -
obligation, to maintain and repair the East Easement upon fifteen
(15) days prior written notice to the owner of the Executive Park
Property of its intention to do so. Thereupon, the owner of the
AVG Property may expend such monies as may be required to properly
maintain the East Easement, and the owner of the Executive Park
Property shall, within thirty (30) days after receipt of notice
from the owner of the AVG Property, reimburse the owner of the AVG
Property for 2/3 of the total expenses incurred in connection with
such activities. In the event of the failure of the owner of the
Executive Park Property to pay any such assessment when due, the
owner of the Executive Park Property shall be liable to t e owner
of the AVG Property for all unpaid assessments, p
luserest
accruing thereon at the rate of eighteen percent (18%) per annum
until paid, together with costs of collection, including, without
limitation, reasonable attorneys' fees incurred, and the owner of
the AVG Property shall have all of the remedies set forth in this
Declaration for the collection of such expenses from the owner of
the Executive Park Property.
Following the issuance of certificates of occupancy with
respect to improvements located on both the Executive Park
Property and the AVG Property, the owner of the AVG Property shall
thereafter repair and maintain the West Easement as set forth
above, at the sole cost and expense of the owner of the AVG
Property.
If the owner of the AVG Property shall fail to properly
maintain the West Easement as hereinabove provided, the owner of
the Executive Park Property shall have the right, but not the
obligation, to maintain and repair the West Easement upon fifteen
(15) days prior written notice to the owner of the AVG Property of
its intention to do so. Thereupon, the owner of the Executive
Park Property may expend such monies as may be required to
(HF&M 10/16/06) 6
properly maintain the West Easement, and the owner of the AVG
Property shall, within fifteen (15) days after receipt of notice
from the owner of the Executive Park Property, reimburse the owner
of the Executive Park Property for all of the expenses incurred in
connection with such activities. In the event of the failure of
the owner of the AVG Property to pay such expenses then, in such
event, the owner of the Executive Park Property shall have all of
the remedies set forth in this Declaration for the collection of
such expenses from the owner of the AVG Property.
6. Without limiting the availability of any other remedy
provided at law or in equity, or by this Declaration, in the event
of failure of any party to pay any assessment hereunder when due,
.the --owner of the otherpropertyshall be -entitled to a lien
against the property of the nonpaying owner to secure payment of
such amount, which lien may be evidenced, at the non -defaulting
owner's election, by notice of lien setting forth the amount due
and rate of interest accruing thereon, which lien may be recorded
in the real property records of Larimer County, Colorado, until
such lien is paid and discharged, and which lien may be foreclosed
in the same manner as a real estate mortgage under Colorado law.
7. Notwithstanding any other provisions herein to the
contrary, the owner of each respective property shall be
responsible for and shall hold the other owner harmless from any
costs or damages to and expense for repair of the Access Easement
or Temporary Access Easement caused by extraordinary use thereof
by such owner (including, without limitation, use of the Access
Easement or Temporary Access Easement for ingress and egress for
construction equipment or similar heavy use) and any damage to the
driveway improvements caused by the negligence or willful acts of
such owner, its guests or business invitees.
8. Each of the parties shall keep the Access Easement and
the Temporary Access Easement free and clear of any prior liens or
encumbrances, or any mechanics or materialmen liens, resulting
from the activities of such party. Each of the owners of the
Executive Park Property and the AVG Property agree to pay or cause
to be paid directly to the appropriate taxing authorities, prior
to delinquency, all real property taxes and assessments which are
levied against their respective properties.
9. The easements hereby created and conveyed are non-
exclusive and shall furthermore be subject to the rights of any
pre-existing grants of easements appearing of record in the
Larimer County, Colorado real estate records. Furthermore, in the
event the City requires any easement in favor of the City to
(HF&M 10116106) 7
confirm such access, or emergency access or similar right, the
parties shall cooperate as reasonably necessary to grant such
additional easements as may be required by the City, but this
Declaration shall nevertheless remain in full force and effect as
between Declarants, and their respective successors and assigns.
10. Notwithstanding any other provision of this
Declaration, Executive Park shall have the right, at its sole
election at any time and from time to time, to realign,
reconfigure or relocate the course of the East Easement,
provided only that it shall do so at its sole cost and expense,
and further provided that such realignment, reconfiguration or
relocation shall not unreasonably interfere with the use and
enjoyment of the East Easement by AVG or its successors in
interest as owners or users of the AVG Property.
Notwithstanding any other provision of this Declaration,
AVG shall have the right, at its sole election at any time and
from time to time, to realign, reconfigure or relocate the
course of the West Easement, provided only that it shall do so
at its sole cost and expense, and further provided that such
realignment, reconfiguration or relocation shall not
unreasonably interfere with the use and enjoyment of the West
Easement by Executive Park or its successors in interest as
owners or users of the Executive Park Property.
11. Subject to paragraphs 2 and 10, above, the various
easements hereby created and conveyed may be amended, vacated,
released, abandoned or terminated in whole or in part by
instrument executed by the then owners of the Executive Park
Property and the AVG Property, together with the holders of any
first mortgages encumbering any portions of said properties. Any
such instrument must be recorded in the Office of the Clerk and
Recorder of Larimer County, Colorado, to be effective, valid and
binding.
12. Any notice or other communication given by either party
to the other relating to this Agreement shall be in writing, and
shall be delivered in person, sent by certified mail, return
receipt requested, or sent by reputable overnight courier, to such
other party at the respective addresses set forth below (or at
such other address as may be designated from time to time by
written notice given in the manner provided herein). Such notice
shall, if hand delivered or personally served, be effective
immediately upon receipt. If sent by certified mail, return
receipt requested, such notice shall be deemed given on the third
business day following deposit in the United States mail, postage
(HF&M 10/16/06) 8
prepaid and properly addressed; and if delivered by overnight
courier, shall be deemed effective on the first business day
following deposit with such courier:
If to Executive Park, to:
Harmony Executive Park LLC
114 North Mason Street, Suite 4
Fort Collins, Colorado 80524
If to AVG, to:
AVG Harmony, LLC
9595 Wilshire Boulevard, Suite 710
Beverly Hills, California 90212
13. This Declaration shall be governed by and construed in
accordance with the laws of the State of Colorado.
14. Nothing in this Declaration shall be construed to make
the parties hereto partners or joint venturers or to render either
of said parties liable for the debts or obligations of the other
party.
15. To the extent necessary to give effect to the terms
hereof, and the declaration and dedication herein made, this
Declaration shall constitute a covenant against the Executive Park
Property and the AVG Property, and the Executive Park Property and
the AVG Property shall hereafter be held, sold, conveyed,
transferred, leased, subleased or occupied subject to the terms,
conditions, covenants or limitations set forth herein, which shall
run with said properties, and be binding upon all parties who have
any right, title or interest in said properties, or any portion
thereof.
16. The terms and provisions contained in this Declaration
of Joint Access Easement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and
assigns.
)HF&M 10/16/06) 9